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The Division of Wrongs: A Historical Comparative Study

Eric Descheemaeker

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.001.0001
Subject:
Law, Comparative Law, Law of Obligations

The common law, despite procedural divisions, has only ever had one class of civil wrongs. The civilians, by contrast, have typically split their law of wrongs in two, one group being called ... More


Altruism in Private Law: Liability for Nonfeasance and Negotiorum Gestio

Jeroen Kortmann

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199280056
eISBN:
9780191700101
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280056.001.0001
Subject:
Law, Law of Obligations

This book examines two problems in private law that are posed by the ‘good Samaritan’: First, do we have a legal duty to give aid to our fellow human beings? In particular: can we be held liable for ... More


Damage and Compensation

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0007
Subject:
Law, Law of Obligations

This chapter aims to provide accounts of the most significant similarities and differences of legal rules on the issues of damages caused by administrative wrongdoings (economic loss, loss of a ... More


Conclusion

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0016
Subject:
Law, Law of Obligations

The final method of demonstrating the truth and importance of seeing the common law of torts as based upon the infringement of primary rights is to examine other systems which do not have the same ... More


Beyond Illegality: Liability For Fault in English and French Law

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0004
Subject:
Law, Law of Obligations

This chapter is a comparative study on the significant aspects of English and French law with regard to fault-based liability. A discussion on the English law addresses the conditions of breach of ... More


Conclusion

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0009
Subject:
Law, Comparative Law, Law of Obligations

This concluding chapter brings together the different threads of the book, recapitulating how Roman law upheld a strong division between fault-based and no-fault liability; how this division was ... More


Conclusion

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0009
Subject:
Law, Law of Obligations

This chapter reviews the differences in the systems of substantive English and French governmental law in liability in terms of the approach, philosophy, and procedural factors, and similarities in ... More


Duties of Disclosure and French Contract Law: Contribution To an Economic Analysis

Muriel Fabre-magnan

in Good Faith and Fault in Contract Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.003.0004
Subject:
Law, Law of Obligations

This chapter investigates the economic analysis which is usually made of pre-contractual duties of disclosure, and the widely accepted conclusion that such duties are economically inefficient. Some ... More


Introduction

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0001
Subject:
Law, Law of Obligations

This book examines the conditions of French and English laws and their respective government system in dealing with the question of state liability. It is a complex matter that debates the function, ... More


France

Cees Van Dam

in European Tort Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.003.0003
Subject:
Law, Law of Obligations, EU Law

This chapter analyzes French tort law, which is characterized by its broad general principles. Only a few rules govern most of the law of extra-contractual liability and these are laid down in the ... More


Contract Modification as a Result of Change of Circumstances

Werner Lorenz

in Good Faith and Fault in Contract Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.003.0014
Subject:
Law, Law of Obligations

German law has particular experience with contract adjustment as a result of change of circumstances. This chapter addresses the topic by presenting a broad picture of continental legislation. French ... More


Remedies for Breach of Contract: A Comparative Account

G. H. Treitel

Published in print:
1988
Published Online:
March 2012
ISBN:
9780198255000
eISBN:
9780191681554
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255000.001.0001
Subject:
Law, Law of Obligations

The victim of a breach of contract may resort to one or more of four remedies: specific enforcement, compensation, refusal to perform, and termination. The availability of these remedies may depend ... More


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